HomeMy WebLinkAboutContract 40049 CITY SECRETARY
CONTRACT NO. 400
TFILEM N E C I T Y O F
)P"N Pre9erving the P-11 Preps 4V Fr The Tu}crei
Contract for Reconstruction and Relocation Of
Framer's Branch Outfall Sewer Main
Between The
City of White Settlement, Texas
And The
City Of Fort Worth, Texas
The State Of Texas )
County Of Tarrant )
THIS CONTRACT AND AGREEMENT made and entered into this
day of A p►i I , �Q U 1 , by and between the City of White
Settlement, a municipal corporation located in Tarrant County, Texas, acting by and
through its duly authorized Mayor, and the City of Fort Worth, a municipal corporation
located in Tarrant County, Texas, acting by and through it's duly authorized City
Manager
WITNESSETH:
WHEREAS, the City of White Settlement and Fort Worth entered into a contract
dated February 25, 1969, whereby the parties agreed to the construction and cost sharing
of a sanitary sewage system including interceptor or collector lines, mains, sub-mains,
laterals, and other appurtenances for the purpose of collecting sewage and other
acceptable wastes and transporting same away from the premises; and,
WHEREAS, the sanitary system was constructed and is known as the Farmers
Branch Outfall Sewer Main (hereafter called the Interceptor Main); and,
WHEREAS, the Interceptor Line is in need of total relocation, and the parties
desire to agree to the terms and provisions of relocating the Interceptor Line, including
construction specifications and cost sharing; and,
OFFICIAL. RECORD
CITY SECRETARY
FT. WORTH, TX
Farmers Branch Sewer Main Reconstruction Agreement
Page 1
•
NOW THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the execution and performance of the
mutual covenants herein set forth, the City of White Settlement and the City of Fort
Worth do hereby covenant and agree as follows;
1.
RECONSTRUCTION AND RELOCATION OF INTERCEPTOR LINE
(a) The City of White Settlement, Texas, shall reconstruct and relocate the
Interceptor Main so that it will have a fifty-four (54") inch sewer main connecting to the
two (24") inch Fort Worth mains under the Joint Naval Air Station and will connect at the
west limits of the City of White Settlement to the Fort Worth flow with a (30") inch
sewer main, as shown on Exhibit "A".
(b) It is agreed that the City of White Settlement will provide the necessary
engineering plans and specifications to the City of Fort Worth. Fort Worth will have the
right to review such plans and specifications both during preparation and prior to contract
award by the City of White Settlement. Final project plans and specifications will require
the approval of both the City Fort Worth and the City of White Settlement, which
approval will not be unreasonably withheld.
(c) The parties agree that the total project cost of Interceptor Main relocation and
reconstruction (hereafter called the Project) shall be shared by the parties hereto as shown
in Exhibit B. The project cost figure shown in Exhibit "B", attached and made a part of
this contract, is based on the engineering report concerning the Farmer's Branch Outfall
sewer main prepared by CH2M HILL, INC engineers in February 2009. The total project
cost shall include the cost of construction, rights of way, engineering design, surveying
and construction supervision and miscellaneous costs directly chargeable to the project.
(d) Project inspection is to be the responsibility of the City of White Settlement. The
City of Fort Worth is to have the right to conduct project inspections during construction
to verify compliance with existing project plans and specifications, and to require
correction of any variations from approved plans and specifications before payment is
made to the contractor for any work found not to be in compliance with such plans and
specifications. In this regard, final payment to the contractor shall not be made until the
project is approved as complete by the Director of the Fort Worth Water Department,
which approval shall not be unreasonably delayed or withheld.
(e) The City of White Settlement agrees to proceed with diligence with regard to
construction of the Farmer's Branch Outfall Sewer Main so that the facility may be
placed in operation without undue delay.
Farmers Branch Sewer Main Reconstruction Agreement
Page 2
(f) The City of Fort Worth covenants and agrees to pay its share of the Project cost of
these main facilities to the City of White Settlement in annual payments as shown in
Exhibit `B".(ANY Funds remaining from this Bond Program will be used to lower the
balance and payments adjusted accordingly)
(g) The Interceptor Line, being within the City limits of the City of White Settlement,
shall be wholly owned by the City of White Settlement subject however, to the perpetual
and irrevocable right of the City of Fort Worth to the use of not less the 100.00%
(percent) of the total design capacity at the point(s) of connection of the Farmer's Branch
Outfall Sewer Main to be constructed in connection herewith, such connection or
connections to be at the western city limits of the City of White Settlement.
2.
MAINTENANCE OF SANITARY SEWERAGE SYSTEMS
The City of White Settlement is to be responsible for normal operation and
maintenance of the Farmer's Branch Outfall Sewer Main within the City of White
Settlement. The City of White Settlement will pay one hundred percent (100%) of
normal maintenance. Major maintenance required by the Farmer's Branch Outfall Main
is to be the responsibility of both the City of White Settlement and the City of Fort Worth
with costs involved to be shared on the same basis as original 1969 project construction
costs. Major maintenance is to be defined as that maintenance requiring the replacement
of fifty (50') feet or more of sanitary sewer pipe because of actual or impending
structural failure. Major maintenance shall require the written approval of both the City
of Fort Worth and the City of White Settlement.
3.
ORIGINAL CONTRACT TO STAY IN EFFECT
Except as modified by this Agreement,the original 1969 contract between the
parties shall remain in full force and effect.
4.
NO OTHER CONTRACTS AFFECTED
This contract is not intended to and shall not be construed as amending any other
existing contracts between the parties. All work performed hereunder shall be in
compliance with applicable provisions of all Federal, State or local laws, statutes,
charters and ordinances.
EXECUTED this the
02 day of D.,`7 09 .
Farmers Branch Sewer Main Reconstruction Agreement
Page 3
City of White Settlement
BY:
ATTEST: (Seal) Mayor
Z City S Secretary
ND LEGALITY:
City Attorney
EXECUTED this the _day of 1061 A.D., 4W10
City of Fort Worth
f BY:
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ATTEST: (Seal) ,oa ®AI%ik�0'
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City Secr ary p M00 o
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A,gfROVED AS TO FORM AN LEGALI o 00° ad
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City Attorney 4-OLQX a4
APP NDt. -
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Contract Authorization
----
Date
OFFICIAL RECORD
Farmers Branch Sewer Main Reconstruction Agreement CITY SECRETARY
Page 4 FT.WORTH,TX
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City of White Settlement
Farmers Branch Sewer Interceptor Project
Exhibit B
Fund: 25
Project Actual
Description Budget Project to Date Balance
Expenditures
Easement Surveys&Right of Way(CH2MHill) 661,090 553,613 107,477
Appraisal, Parcel Negotiation(KIP Realty) 38,000 7,800 30,200
Property Easement Purchases * 120,000 14,461 105,539
Sewer Line Relocation ** 6,197,591 - 6,197,591
Total Expenditures 7,016,681 575,871557 6,440,806
Assumptions:
* Property easement purchases budget assumes purchase of 20 parcels at$6,000 each.
** Sewer line relocation bids are being evaluated. Project budget assumes bid is awarded to
the lowest bidder.
Lowest Bid—Circle"C"Construction-$6,197,590.50
2nd Lowest Bid—S.J. Lewis Construction-$6,965,012.00
3`d Lowest Bid—SER Construction Partners Ltd. -$7,596,048.00
2009 Certificates of Obligation Debt Service Requirements
City of Ft Worth City of W.S.
FYE 9/30 Principal Interest Total 51.46% 48.54%
2010 205,000.00 389,557.78 596,567.78 306,993.78 289,574.00
2011 295,000.00 295,418.75 592,429.75 304,864.35 287,565.40
2012 305,000.00 287,918.75 594,930.75 306,151.36 288,779.39
2013 315,000.00 280,168.75 597,181.75 307,309.73 289,872.02
2014 320,000.00 271,431.25 593,445.25 305,386.93 288,058.32
2015 330,000.00 261,681.25 593,696.25 305,516.09 288,180.16
2016 340,000.00 251,631.25 593,647.25 305,490.87 288,156.38
2017 350,000.00 240,406.25 592,423.25 304,861.00 287,562.25
2018 365,000.00 227,893.75 594,911.75 306,141.59 288,770.16
2019 380,000.00 213,906.25 595,925.25 306,663.13 289,262.12
2020 395,000.00 198,406.25 595,426.25 306,406.35 289,019.90
2021 410,000.00 182,306.25 594,327.25 305,840.80 288,486.45
2022 425,000.00 165,606.25 592,628.25 304,966.50 287,661.75
2023 445,000.00 147,928.13 594,951.13 306,161.85 288,789.28
2024 465,000.00 128,868.75 595,892.75 306,646.41 289,246.34
2025 485,000.00 108,681.25 595,706.25 306,550.44 289,155.81
2026 505,000.00 87,012.50 594,038.50 305,692.21 288,346.29
2027 530,000.00 63,725.00 595,752.00 306,573.98 289,178.02
2028 555,000.00 39,312.50 596,340.50 306,876.82 289,463.68
2029 580,000.00 13,412.50 595,441.50 306,414.20 289,027.30
8,000,000.00 3,855,273.41 11,895,663.41 6,121,508.39 5,774,155.02
�M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA F0-�H
COUNCIL ACTION: Approved on 2/23/2010
DATE: 2/23/2010 REFERENCE C-24105 LOG NAME: 60FARMERS BRANCH
NO.: OUTFALL SEWER MAIN
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize a Contract in the Amount of$6,121,508.39 with the City of White Settlement fol
the Reconstruction and Relocation of the Farmer's Branch Outfall Sewer Main (COUNCI
DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract in the
amount of$6,121,508.39 with the City of White Settlement payable in the annual installments of
$306,500.00 for the reconstruction and relocation of the Farmer's Branch Outfall Sewer Main.
DISCUSSION:
In recent years there has been an increase in the frequency and severity of flooding along Farmer's
Branch Creek in White Settlement. The City of White Settlement entered into an agreement with the
Corps of Engineers to improve the Farmer's Branch Creek channel to reduce flooding in White
Settlement. During the design phase it was determined that it would be necessary to relocate the
existing Farmer's Branch Outfall Sewer Main in order to construct the proposed channel
improvements. The Farmers Branch Outfall Sewer Main not only serves White Settlement but also
5,230 acres west of IH-820 in Fort Worth. The Fort Worth population in this area is projected to be
13,839 by 2030.
The Water Department, in coordination with the City of White Settlement, determined that this would
be an appropriate time to increase the Farmer's Branch sewer main capacity to accommodate future
growth in west Fort Worth. A peak capacity study found that 67.21 percent of sewer flows would
come from Fort Worth and the remaining 32.79 percent from White Settlement. During a series of
meetings it was agreed that Fort Worth should not pay for some of the costs associated with the
project that were related to flood damage abatement and connections to existing sewer mains in
White Settlement. White Settlement agreed to manage the design and construction of the sewer
improvements. The final agreed upon cost participation in the overall project is 51.46 percent for For
Worth and 48.54 percent for White Settlement.
On July 27, 2009 bids were received and opened. They were as follows:
Contractor 11 Bid
Circle "C" Construction $6,197,590.50
S.J. Lewis Construction $6,965,012.00
SER Construction Partners Ltd. $7,596,048.00
In addition to the construction cost, engineering and easement acquisition in the amount of
$819,090.00 brought the overall project cost to $7,016,681.00. The City of White Settlement has
agreed to sell certificates of obligation in the amount of$8,000,000.00 to fund the entire project.
Under the proposed contract Fort Worth would pay annual payments averaging $306,500.00 for 20
years. Fort Worth's total payout is calculated to be $6,121,508.39. The contract provides for an
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=I 2904&councildate=2/23/20 10 02/24/2010
M&C Review Page 2 of 2
adjustment at the end of the payout period to insure that Fort Worth's cost do not exceed 51.46
percent of the total project costs.
City staff feels like the proposed contract and construction cost are fair and will benefit the Fort Wortl
sanitary sewer system.
Funds were not specifically budgeted for this project in the Fiscal Year 2010 adopted budget,
however, the department has identified current year savings to offset the full cost of this years
payment.
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operatin
budget, as appropriated, of Water and Sewer Operating Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 539120 0709000 $306,500.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact:_ Paul Bounds (8567)
ATTACHIVIENTS
Warmers Branch Sewer Outfall Main.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=12904&councildate=2/23/2010 02/24/2010